MAR 26 DE NOVIEMBRE DE 2024 - 13:46hs.
LOTOCAN

Court overturns law that created the Canguçu Lottery in Rio Grande do Sul

The Special Body of the Court of Justice in Rio Grande do Sul upheld the Direct Action of Unconstitutionality (ADI) filed by the Municipality of Canguçu in which it questions the legislation that created the public service of municipal lottery, LOTOCAN. Thus, it considered the creation of the lottery to be unconstitutional.

Municipal Law nº 5.370/2022 was proposed by the Canguçu City Council and was based on the Federal Supreme Court (STF) decision that allowed municipalities to explore the Lottery service in accordance with the Union of States.

According to the proponent of LOTOCAN, councilor Madrid, the municipal lottery would benefit the Charity Hospital of Canguçu, APAE, Home for the Elderly and the Municipal Council for Children and Adolescents.

The Court of Justice of Rio Grande do Sul, when analyzing the case, observed that, although the Federal Supreme Court had considered the possibility of exploring lottery services by the cities, the legislation of Canguçu creates attributions to the Municipality of Canguçu, characterizing vice of initiative.

With the example of Pelotas, which approved the creation of Lotopel, an independent auditing entity is required to manage gaming actions -which cannot be interfered with by the municipal executive.

The Municipalities are responsible only for the destination of the values, which is not defined in the LOTOCAN project.

Source: GMB